Switching Sta-CS 930401NICHOLS, JACKSON, KIRK & DILLARD, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 954 3333
Facsimile (214) 954-3334
(via fax no. 817/751-0341)
Philip R. Segrest
Segrest & Segrest, P.C.
200 W. State Highway 6
Waco, Texas 76712
April 1, 1993
Re: Brazos Electric Cooperative - Coppell Substation Agreement
Dear Phil:
Enclosed for your review and approval is the revised Agreement by and between
Brazos Electric Power Cooperative, Inc. and the City of Coppell regarding the Coppell
Substation.
If the Agreement is satisfactory, please obtain the necessary signatures and return
it to me as soon as possible for submission to the City Council for approval.
Thank you for your attention to this matter. If you have any questions in this
regarding, please do not hesitate to contact me.
Very truly yours,
NICHOLS, JACKSON, KIRK & DILLARD
By:
Peter G. Smith
PGS/mdm
Enclosure
CC:
Mr. Gary Sieb (w/encls.)
Director of Planning
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Mr. Frank Trando (w/encls.)
Interim City Manager
City of Coppell
PO Box 478
Coppell, TX 75019
AGREEMENT
THIS AGREEMENT is made and entered into by and between BRAZOS
ELECTRIC POWER COOPERATIVE, INC., a Texas Corporation ("Brazos Electric") and
the CITY OF COPPELL, TEXAS, a municipal corporation ("the City"), as follows:
RECITALS
WHEREAS, by final plat and plan of the Coppell Switching Station Site ("the Site"),
which has been recorded in Volume , page __, of the Dallas County Deed
Records ("the Plat"), Brazos Electric and TU Electric Company ("TU Electric") dedicated
to the City a forty (40) foot easement ("the 40 foot Easement"), as shown on the Plat,
in order to permit the City to widen Coppell and Thweatt Roads ("the Facility"); and
WHEREAS, the Special Use Permit zoning change application of Brazos Electric
was approved by the City on March 9, 1993 (Case #S-1041(A)) in connection with the
Site, subject to the conditions relating to Landscaping and Screening and Final Plat
Variances hereinafter set forth; and
WHEREAS, Brazos Electric has agreed to pay to the City the paving assessment
for the Site frontage, as hereinafter set forth; and
WHEREAS, the City has requested that such agreement be set forth in this
Agreement.
NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration to it in hand paid, the receipt of which is
hereby acknowledged, Brazos Electric and the City agree, as follows:
1. Paving Assessment. On or before April 1, 1993, Brazos Electric will pay to
the City the sum of $110,126, representing the paving assessment for the 379.57 feet of
substation site frontage along Thweatt Road and the 171.06 feet of substation site
frontage along Coppell Road, within the City.
2. Landsca[~ina and Screening. Brazos Electric, at their cost, will extend
between the Site and Thweatt Road and Coppell Road, the same landscaping and
screening (masonry wall) which is presently in place for the Site as such landscaping and
screening exists on the date of this Agreement. Brazos Electric will complete such
landscaping based on the City's Streetscape Guidelines when the Facilities are
completed.
3. Other Conditions. Brazos Electric agrees to the following other conditions:
Landscaping on the Site shall be at least comparable to the landscaping at
the Hackberry Substation in accordance with the Site Plan attached to the
SUP Ordinance approved by the City on March 9, 1993 in Case No. S-
1041(a), and subject to approval by the Director of Planning. Upon the
improvement of Coppell Road and Thweatt Road, the landscaping shall
conform to the City Streetscape Guidelines.
The area inside the fenced area of the Site as shown on the Site Plan
attached to the SUP Ordinance approved by the City on March 9, 1993 in
Case No. S-1041(a) shall consist of crushed rock in lieu of a concrete
surface. The driveways shown on the Site Plan shall consist of crushed
rock in lieu of a concrete surface until Coppell Road is improved, at which
time the driveways shall consist of an approved concrete surface.
The Site may contain open ditch drainage until Coppell Road and Thweatt
Road are improved, at which time the open ditch drainage shall be removed
and underground drainage shall be provided by Brazos Electric at its cost.
4. This Agreement constitutes the sole and only agreement of the parties and
supersedes any prior understandings or written or oral agreements between the parties
respecting this subject matter.
5. The validity of this Agreement and any of its terms or provisions, as well as
the rights and duties of the parties, shall be governed by the laws of the State of Texas
and any venue for any action concerning this Agreement shall be in Dallas County, Texas.
6. This Agreement may be amended by the mutual agreement of the parties
to it, in a writing to be attached to and incorporated in this Agreement.
7. In the event any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions, and the
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained in it.
8. Nothing in this Agreement shall be construed to give any person other than
the City and Brazos Electric any legal or equitable right, remedy or claim under this
Agreement; but it shall be held to be for the sole and exclusive benefit of the City and
Brazos Electric.
-2- A6603eE8
9. Any notice required or permitted to be delivered hereunder shall be deemed
received when sent by United States mail, postage prepaid, certified mail, return receipt
requested, addressed to City or Brazos Electric as the case may be at the address set
forth opposite the signature of the party.
A%I-EST:
CITY SECRETARY
WITNESS OUR HANDS this
BY:
day of ,1993.
BRAZOS ELECTRIC POWER COOPERATIVE, INC.
BY:
Richard E. McCaskill
Executive Vice President and
General Manager
CITY OF COPPELL, TEXAS
(Title)
APPROVED AS TO FORM:
BY:
CITY A'I-I-O RN EY
-3- AGGO)DEB